IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 14th day of March, 2023.
Filed on : 07.12.2022
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt. C.K.Lekhamma, B.A.L,LLB (Member)
In
CC/No.308/2022
between
Complainant:- Opposite parties:-
Smt.Babitha Thomas 1. Smt.Yashodhara (H.C)
Chirathara House Makin Memories Pvt.Ltd.
Karikkad P.O. FA-16/17, 1st floor, Lake city Mall
Cherthala Old Agra Road, Thane West
Alappuzha-688527 Maharashtra-400607
(Adv.Naveen Paskal)
2. Sri.Arjun (T.O)
Makin Memories Pvt.Ltd.
FA-16/17, 1st floor, Lake city Mall
Old Agra Road, Thane West
Maharashtra-400607
(Ops 1 and 2 are exparte)
O R D E R
SRI. S.SANTHOSH KUMAR (PRESIDENT)
Complaint filed u/s 35 of the Consumer Protection Act, 2019
1. Material averments briefly stated are as follows:-
Opposite party is a private limited company plans vacations by making arrangements for food, accommodation and transportation. Complainant and her husband Mr. Jacob.P.C were invited to Oxygen a resort in Alappuzha by opposite party to attend an advertisement campaign on 26/5/2022. They participated in the campaign, wherein the representatives of the opposite party explained the services provided by the company on being a paid member and they were lured by the marketing representatives of the company.
2. The marketing representatives of the opposite party stated that they will provide accommodation in 3 star/ 5 star hotels/ resorts/ properties for 26 days in Resort Family Rooms, anywhere in India, without any payment, that the tenure of the membership shall be 3 years. The company shall pay 50 % of the travelling charges, they shall provide pick up and drop free of cost, shall arranged site seeing free of cost, except of the fuel charges and that the said services shall be availed by taking a membership by paying a fee of Rs. 50,000/-. Accordingly complainant paid an amount of Rs. 50,000/- and obtained a membership.
3. The marketing representatives of the opposite party gave misleading information and thereby the complainant was made to sign on blank standard contract form and they deliberately abstained from providing the information regarding the true nature and contents of the standard form, which if given would have enabled the complainant to take the right decision before making the payment for membership. The copy of document was sent by post along with membership card and welcome letter. It was stated that the company will provide excellent and superior professionalism to its clients, that they will provide best of accommodation and packages in many places in India and abroad. On 10/8/2022 complainant sought for the details of tour packages connecting Tamilnadu, Karnataka during 7/9/2022,11/9/2022 . The company sought approval to proceed and the same was approved by the complainant to provide the details of tour package. Opposite party demanded Rs. 10,000/- as utility charges and Rs. 16,300/- as cost of exchange per person which were not mentioned either by the representatives during the campaign or by the company in the concerned form. Since opposite party abstained from replying on 28/8/2022 complainant again sent email enquiring about the utility charges. After repeated queries on 6/9/2022 the company replied via email that the management had decided to refund the amount paid on the membership after deducting of 25%. Complainant denied it and demanded entire amount along with interest. On 16/9/2022 opposite party sent an email stating that they are ready to reduce the administration charges down to 20% as full and final settlement. It was also denied by the complainant as per email dtd. 17/9/2022. Complainant demanded to return the entire amount of Rs. 50,000/- along with interest. Company rejected the request by email dtd. 20/9/2022. Company has vitiated the promises made to the complainant and they could not avail the services as assured to them by the company. This amounts to deficiency of service. A legal notice was sent demanding the amount along with damages. Though the notices were delivered on 10/10/2022 there was no reply. Hence the complaint is filed for giving a direction to the opposite party to return Rs. 50,000/- along with interest and Rs. 10,000/- as compensation.
4. Notice along with a copy of complaint was sent to the opposite parties. Notice or AD card was not returned. As per letter the Superintendent of Post Offices, Alappuzha Division informed that the letter was delivered to the addressee on 10/1/2023. Since they did not appear they were set exparte. Complainant filed chief affidavit and marked Ext.A1 to A7.
5. Points for determination are:-
1. Whether there was any deficiency of service from the side of opposite parties as alleged?
2. Whether the complainant is entitled to realise an amount of Rs. 50,000/- along with interest as prayed for?
3. Whether the complainant is entitled to realise an amount of Rs. 10,000/- as compensation from the opposite parties as prayed for?
4. Reliefs and costs?
6. Evidence in this case consists of Ext.A1 to A7. Ext.X1 was marked as court exhibit.
7. Point No. 1 to 3:-
Complainant filed proof affidavit reiterating the averments in the complaint and marked Ext.A1 to A7. The case of the complainant is that the representatives of the opposite party M/s Makin Memories Pvt. Ltd who is a top tour operator made an advertisement campaign on 26/5/2022 at Oxygen a resort in Alappuzha. They made certain promises to the complainant and her husband that if they become member by paying a fee at Rs. 50,000/- there will be several attractive offers. Accordingly complainant paid an amount of Rs. 50,000/- and took a membership. However the promises were not materialized and opposite party demanded more amount as Rs. 10,000/- as utility charges and Rs. 16,300/- as exchange costs. Since the services as promised were not provided complainant sent a legal notice to return the amount along with interest. However they had not returned the amount and initially they agreed to will return after deducting 25 % and later 20% as administration charges. Since the amount was not returned the complaint is filed. Ext.A1 is a welcome letter addressed to complainant by the opposite party. Ext.A2 is the tax invoice by which Rs. 50,000/- was collected from the complainant . Ext.A3 is the receipt dtd. 26/5/2022 which shows that Rs. 50,000/- was collected from the complainant by M/s Makin Memories. Ext.A4 is the agreement entered between complainant and her husband with the opposite parties, in which the offer regarding tour packages are incorporated. Ext.A5 series are the various e-mail correspondences between complainant and opposite parties. Ext.A6 is a copy of Legal notice sent to opposite parties. Ext.A7 is the letter acknowledging of delivery of the notice. The evidence on record shows that complainant had paid an amount of Rs. 50,000/- to the opposite parties and took a membership. Ext.A4 agreement entered between complainant and opposite parties shows that opposite party had undertaken to carryout various tour programs for the members. Ext.A6 is the copy of legal notice sent by the complainant to the opposite party demanding the amount. From the complaint and affidavit it is seen that the tour program was not materialized as promised in Ext.A4 agreement and opposite party demanded Rs. 10,000/- as utility charges and Rs. 16,300/- as exchange cost. There was no such demand at the time of entering into Ext.A4 agreement. From the proof affidavit it is seen that though complainant took membership by paying Rs. 50,000/-,tour program was never arranged to the complainant as promised by them. This amounts to deficiency of service. Notice along with copy of complaint which was sent to the opposite parties did not return. However from Ext.X1 letter of Superintendent of Post Offices it is seen that the letters were delivered to both opposite parties on 10/1/2023. They did not appear and so they were set exparte.
8. Complainant has filed IA. 85/2023 on 8/3/2023 to call for the records of assets including the banks name and account number of opposite party from the Registrar of companies. It is required to execute the order if any passed against the opposite parties. From the affidavit and documents marked we are satisfied that complainant has proved the complaint as alleged and so she is entitled for a favourable order. These points are found accordingly.
9. Point No. 4:-
In the result complaint is allowed .
a) Complainant is allowed to realize an amount of Rs. 50,000/- along with interest @ 9% per annum from 26/5/2022 (Ext.A3 receipt) till realization from the opposite parties jointly and severally .
b) Complainant is allowed to realize an amount of Rs. 10,000/- as compensation from the opposite parties jointly and severally.
c) Complainant is allowed to realize an amount of Rs. 2000/- as cost from the opposite parties jointly and severally.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 14th day of March,2023.
Sd/-Sri.S.SanthoshKumar(President)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Welcome letter
Ext.A2 - Tax invoice
Ext.A3 - Receipt dtd.26.05.22
Ext.A4 - Agreement
Ext.A5 - E-mails
Ext.A6 - Copy of legal notice
Ext.A7 - Acknowledgment letter
Ext.X1 - Letter of Superintendent of post office
Evidence of the opposite parties: NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Comp.by:
